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Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Foreclosure 2024 BCCA 64

Lew v. Bank of Montreal

Application for a stay pending appeal in a foreclosure matter dismissed because leave to appeal was required but not sought, and the proposed appeal had no merit.

  • Stay pending appeal
  • Leave to appeal
  • Conduct of sale
  • Vacant possession
  • Certificate of judgment
  • Frivolous/pseudolegal arguments (nesara/gesara)
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Property law 2019 BCSC 935

Meleski v. Woodcock

Summary trial on a fraudulent conveyance claim: the court held a son’s transfer of property to his parents was void against creditors and awarded punitive damages against him.

  • Fraudulent conveyance
  • Fraudulent conveyance act
  • Badges of fraud
  • Punitive damages
  • Registration of judgments
  • Land title
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Property law 2018 BCSC 1590

Gully v. Gully

The court held the mother intended to gift a half interest in the home to her son, so no resulting trust arose, and Ledcor could register its judgment against his registered interest.

  • Resulting trust
  • Joint tenancy
  • Indefeasible title
  • Land title act s.23 and s.29
  • Third-party creditor registration
  • Resulting-trust
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Fraudulent conveyances 2009 BCSC 481

Royal Bank of Canada v. Clarke

RBC succeeded in setting aside a transfer of Bradley Clarke’s property interest as a fraudulent conveyance intended to hinder creditors.

  • Fraudulent conveyance act s.1
  • Disposition of property
  • Voidability against creditors
  • Intent to hinder or delay creditors
  • Certificate of pending litigation
  • Costs
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Equity 2005 BCCA 532

Nagy-Kessler v. Wilson

The Court of Appeal held that Wilson had an equitable mortgage/charge for funds advanced to save the property, with priority over the later judgment creditor.

  • Equitable mortgage
  • Constructive trust
  • Fraudulent preference
  • Registration of judgment
  • Priority of interests
  • Sale of property
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Fraudulent preference act 2004 BCCA 293

Banton v. Westcoast Landfill Diversion Corp. et al

The Court of Appeal dismissed an appeal challenging a mortgage as a fraudulent preference or conveyance, finding it secured a pre-existing debt and lacked fraudulent intent.

  • Fraudulent preference
  • Fraudulent conveyance
  • Badges of fraud
  • Secured transactions
  • Priority of creditors
  • Fraudulent-preference
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Estates [1930] SCR 427

Ryan v. Charlesworth

The Supreme Court of Canada upheld findings that transfers by Peter Ryan to his son were fraudulent as against creditors, and dismissed the appeal and cross-appeal.

  • Fraudulent transfer
  • Rights of administratrix
  • Extinguishment of executor's debt
  • Assignment of judgments
  • Accounting and administration
  • Fraudulent-transfer
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.